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Elisac87

Advice on timing between trips (Merged threads)

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4 minutes ago, Elisac87 said:

Hello!

I come on ESTA to visit my husband (we still not have any application for immigration yet) 42 days from Oct 25,2023 to Dec 6 2023.

Now for some personal issues I would need to go to see my husband just 7 days (Feb1 to Feb ūüė鬆

That could create a potential problem?

Thank u

 

No way of knowing until you arrive in the US and ask for permission to enter. But it's quite soon after your last visit, can your husband not visit you this time to avoid any risk of being refused entry?

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CBP has authority to deny your entry and cancel ESTA.

 

Seems like you spent quite a bit of time inside of the US recently. With a visit so soon after leaving, you're risking getting denied. Maybe you'll be OK, maybe not.

We cannot guess. It's best if he visits you this time or you meet in a third country - Canada, Mexico etc.

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My husband cannot leave the United States because on probation after release.

Sorry to bring the topic open again but i have two questions related:

 

-In some days I should send my package for application for I-130...with him as petitioner in that case it will be more safe travelling? Even with short period (not 90 days) between two visits?

-I come in my country on December 6, 2023...the 180 days they were counted on a year like 01/01/2023-12/31/2023 and on 2024 180 days in a year start again?

I hope I explain myself Thank you

Edited by Elisac87
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2 hours ago, Elisac87 said:

My husband cannot leave the United States because on probation after release.

Sorry to bring the topic open again but i have two questions related:

 

-In some days I should send my package for application for I-130...with him as petitioner in that case it will be more safe travelling? Even with short period (not 90 days) between two visits?

-I come in my country on December 6, 2023...the 180 days they were counted on a year like 01/01/2023-12/31/2023 and on 2024 180 days in a year start again?

I hope I explain myself Thank you

 

Yes, he can petition for you, sounds like you may need a joint sponsor. I still wouldn't try to visit too soon regardless, so if I are you I'd still stay out for longer rather than risking being refused entry. When you do go, make sure you have plenty of proof that you'll return (job to go back to, lease on property, etc).

 

Not sure what 180 days you mean?

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, Elisac87 said:

and I have already paid government fees to apply for CR1 visa

What fees have you already paid??

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023:¬†Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!ūüėĀ

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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Just now, Elisac87 said:

I paid 535 dollars for government fees to start application for I-130 petition for CR1 visa through my lawyer that gonna file documents.

Oh.  OK....perfect.  Good luck.  The journey begins.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023:¬†Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!ūüėĀ

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, Elisac87 said:

Oh yes He is the petitioner for me and package is ready and I have already paid government fees to apply for CR1 visa.

180 days is because I knew that ESTA visa allow you to stay up to 90 days but for a maximum of 180 days a year is that correct?

Thank you

I'm not sure I've ever seen anything stipulating 180 days per calendar year.

 

The point of the ESTA is for it not to be abused, and I would say that 2 x 90 day trips per year raises some eyebrows, especially when you are visiting a spouse.

 

If you have ties to home that are concrete, bring pay stubs and rental agreements if needs be, show that you don't intend to stay, your visit may not be over scrutinised.

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1¬†i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
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  • 3 weeks later...
3 hours ago, Elisac87 said:

Hello!

My last stay in USA was from October 25th 2023 to December 6th, 2023 for 42 days. I am planning to come back on March 1st after 86 days for a family emergency for 18 days. It could be ok?

Thanks!

 

Have you submitted your I-130? VWP or B visa?

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